Posted on Sep 15, 2021
California sheriff refuses to enforce vaccine mandate, says government lacks 'authority'
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A person of honor, courage, and conviction.
California sheriff refuses to enforce vaccine mandate, says government lacks 'authority'
Posted from foxnews.com
Posted >1 y ago
Responses: 12
Posted >1 y ago
He is correct. Best to keep his folks out of it.
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Posted >1 y ago
A law enforcement official who refuses to enforce the law?
That's one way to get fired, I suppose.
That's one way to get fired, I suppose.
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SFC (Join to see)
>1 y
SFC Michael Hasbun - Sir, you are the one that used the terms (dereliction of duty and a history of selective enforcement), and yes I do believe you don't understand their meanings.
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LTC Joe Anderson
>1 y
Depending on the legal context a California sheriff can be either a state official or a local county officer.[1] The California constitution requires each of the state’s 58 counties to have an elected sheriff. Article XI, section 1(a) defines counties as “legal subdivisions of the State,” and requires the legislature to “provide for county powers,” including “an elected county sheriff.” The legislature has done so, and defined a sheriff as one of the “officers of a county,”[2] and required the office of sheriff to be filled by election along with other elective county officers.[3] Consequently, for removal purposes, the sheriff is a county officer, not a state official.
Defining sheriffs as county officers for removal purposes eliminates impeachment as an option. State officers may be removed by impeachment,[4] and state officials are also subject to recall campaigns.[5] But for purposes of removal a sheriff is a county officer.[6] This means that sheriffs are not subject to impeachment. Article IV, section 18(b) limits impeachment to “state officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts,” and Government Code section 3020 is to the same effect. Sheriffs are not state officers elected on a statewide basis, so the constitutional and statutory procedure for impeaching officials does not apply to sheriffs.
The Governor may not remove a Sheriff from Office in CA. As long as his Constituents are happy with him a Board of Representatives from the County will not remove him. Sheriffs around the nation are very difficult to remove. I know as a former Sheriff's Deputy only one person could have gotten my boss out of office and it wasn't the governor.
Defining sheriffs as county officers for removal purposes eliminates impeachment as an option. State officers may be removed by impeachment,[4] and state officials are also subject to recall campaigns.[5] But for purposes of removal a sheriff is a county officer.[6] This means that sheriffs are not subject to impeachment. Article IV, section 18(b) limits impeachment to “state officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts,” and Government Code section 3020 is to the same effect. Sheriffs are not state officers elected on a statewide basis, so the constitutional and statutory procedure for impeaching officials does not apply to sheriffs.
The Governor may not remove a Sheriff from Office in CA. As long as his Constituents are happy with him a Board of Representatives from the County will not remove him. Sheriffs around the nation are very difficult to remove. I know as a former Sheriff's Deputy only one person could have gotten my boss out of office and it wasn't the governor.
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